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JUDGMENT
This is an appeal from the District Court, Kintampo, against the judgment of His Worship KwameAdjei Manu dated 1st September, 2023.
The grounds of appeal, per leave granted by the High Court, Sunyani on 20th August, 2024, are the following:
I. The Judgment is against the weight of evidence adduced before the trial Court;
II. That the learned trial judge erred when he proceeded to enter judgment against the 1st Defendant/Appellant whiles the 1st Defendant/Appellant had not been served with the Writ of Summons and Statement of Claim.
III. That the learned trial judge erred when he failed to uphold that the Plaintiff/Respondent did not have a cause of action against the 1st Defendant/Appellant.
Considering the overriding importance of Ground II, which tests the jurisdiction of the District Court in proceeding to judgment in this case, same shall be determined first.
Ground II
There is an established process to follow strictly when one elects to invoke the jurisdiction of the District Court, or any other court for that matter, in respect of a cause. An initiation document should be filed out of the registry of the court. This process, a writ in this case, should then be served on the party against whom it is issued. Order 4 rule 1 of the District Court Rules, 2009, C. I. 59 provides as follows:
A writ or document intended for service shall be served on a party within the time and in the manner specified by these Rules or directed by the Court
Order 4 rule 5 of C. I. 59 also provides that:
Unless the Court considers it just and expedient to direct otherwise, service shall be personal with the document to be served being delivered to the person to be served.
So, from the above, whether there is one party, or several parties sued, it is required that each is personally served, except where personal service is excused by the rules of court.
Order 4 rule 5 of C. I. 59 would cover such situations. It provides as follows:
Where it appears to the Court either after or without an attempt at personal service that for any reason personal service cannot be conveniently effected, the Court may order that service be effected
(a) By delivery of the document to an adult resident at the usual place or last known place of abode or business of the person to be served, or
**(b) By delivery of the document to a person who is an agent of the person to be served, or to some other person, if it is proved that there is reasonable probability th